- 1 - HC-KAR NC: 2025:KHC-D:16253 CRL.P No. 104657 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104657 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: ISHWARGOUDA S/O. BAPUGOUDA SATMAR S/O. BAPUGOUDA SATMAR, AGED ABOUT. 43 YEARS, OCC. AGRICULTURE/FARMER, R/O. KUBIHAL VILLAGE, TQ. KUNDAGOL, DIST. DHARWAD, KARNATAKA-581113. …PETITIONER (BY SRI. AVINASH M.ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH KUNDAGOL POLICE STATION, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580 011. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ALLOW THIS PETITION AND FURTHER BE PLEASED TO ENLARGE THE PETITIONER/ACCUSED ON REGULAR BAIL IN KUNDAGOL POLICE STATION FIR IN CRIME NO.0006/2025 WHICH IS REGISTERED FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 85, 103, OF BNS-2023 PENDING ON THE FILE BEFORE THE I Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16253 CRL.P No. 104657 of 2025 ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI IN S.C. NO.5042/2025 AND ETC.,. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. Learned High Court Government Pleader is directed to take notice for respondent –State. 2. The petitioner is before this Court seeking for grant of regular bail in Crime No.6/2025 of respondent- police for the offences under Sections 85, 103 of Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 3. The case of the prosecution is that, the petitioner is the husband of the deceased. It is alleged that he was suspecting the fidelity and used to quarrel with her often. On 17.01.2025 around about 4.00 p.m., it is stated that the petitioner had assaulted his wife and caused burn injuries with water heater coil on her right hand and with an - 3 - HC-KAR NC: 2025:KHC-D:16253 CRL.P No. 104657 of 2025 intention to committing her murder, pressed her face with pillow and caused her death. Thereafter, with an intention of commit suicide, he also consumed oil which is used for car wash. He was hospitalized and he was arrested by the respondent - police. 4. Heard Sri. Avinash M. Angadi, learned counsel for the petitioner and Sri. Praveen Y. Devaraddiyavar, learned High Court Government Pleader for respondent – State. 5. The submission of the learned counsel for the petitioner is that, the alleged incident had occurred due to sudden provocation, as he had noticed that his wife was having illicit relationship with another. Hence, intention to commit the murder was not there. The petitioner is having a child of three years, he has to take care of the child. Hence, he may be enlarged on bail by imposing suitable conditions. Making such submissions, he prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC-D:16253 CRL.P No. 104657 of 2025 6. Per contra, learned High Court Government Pleader for respondent-State vehemently submitted that, the alleged incident had occurred in the house of the petitioner. Section 106 of the Indian Evidence Act, would squarely applicable to the case on hand. Under such circumstances, if the petitioner is enlarged on bail, there may be chances of tampering the prosecution witnesses or absconding from the case. Therefore, it is not appropriate to grant him bail. Making such submissions, the learned High Court Government Pleader prays to reject the petition. 7. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it appears from the records that the petitioner was suspecting the fidelity of his wife. On 17.01.2025, he had quarreled with her and assaulted her. Thereafter, it is alleged that he had killed her. It is stated that he was arrested on 27.01.2025. - 5 - HC-KAR NC: 2025:KHC-D:16253 CRL.P No. 104657 of 2025 8. Considering the facts and circumstances of the case, it is appropriate to grant him bail by imposing suitable conditions. 9. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.6/2025 of respondent-police for the offences under Sections 85, 103 of Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. - 6 - HC-KAR NC: 2025:KHC-D:16253 CRL.P No. 104657 of 2025 (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE SMM List No.: 1 Sl No.: 85